Supreme Court signals likely ruling for Catholic schools in Colorado preschool funding dispute

Key points

• The Supreme Court heard arguments in St. Mary Catholic Parish v. Roy, with the conservative majority appearing inclined to rule that Colorado's universal pre-K program violates the First Amendment by excluding Catholic schools that refuse to admit children of LGBTQ parents.
• The case centers on whether the state can condition public funding on compliance with anti-discrimination laws that conflict with Catholic doctrine, which does not recognize same-sex relationships or transgender status.
• The Archdiocese of Denver and two parishes argue that requiring them to accept all families forces a choice between public benefits and religious beliefs, while Colorado's Attorney General argues that schools can participate if they agree to the state's nondiscrimination rules.
• The court's conservative majority has previously favored religious exemptions in similar cases, and the Trump administration supports the Catholic plaintiffs, potentially expanding the scope of religious exemptions from government programs.
• Liberal justices warned that a loss for Colorado could lead to endless inquiries from religious groups claiming that allowing their children to attend classes alongside gay or transgender peers burdens their religion, potentially affecting public schools.

Background

This case is part of a series of disputes pitting LGBTQ and religious rights against each other, with most such cases considered by the Supreme Court in the past decade arising from Colorado. The court has a 6-3 conservative majority that regularly favors religious rights in cases brought by Christian groups. In a 2022 ruling, the court barred Maine from excluding religious schools from a tuition assistance program, leading Colorado to enact its current anti-discrimination provision. The case also follows a 2021 ruling where the court ruled that a Catholic group could not be barred from a Philadelphia foster care program because of its views opposing same-sex couples.

How outlets are covering it

The Washington Post reported that the Supreme Court seemed inclined to rule in favor of the Catholic school, emphasizing the constitutional right to free exercise of religion. CNN highlighted the clash between First Amendment religious protections and laws intended to protect gay and transgender Americans, noting that religious claims have won time after time in recent Supreme Court cases. NBC News focused on the long-running question of whether excluding religious groups from certain government programs violates the Constitution's First Amendment, noting that the Catholic challengers argue the state program already contains loopholes that allow for schools to apply some discretion when accepting children. The sources agree on the core issue but differ in emphasis, with the Post and CNN focusing on the likely outcome and the broader implications for religious rights, while NBC News provides more detail on the legal arguments and the state's defense.

Why it matters

The ruling could expand the scope of religious exemptions from government programs and affect funding for other faith-based institutions. It may also set a precedent for future cases where religious groups claim that allowing their children to attend classes alongside gay or transgender peers burdens their religion, potentially affecting public schools. The decision could have significant implications for the balance between religious freedom and nondiscrimination laws in education and other government programs.

What to watch

A final decision is expected by June 2027. The outcome will likely determine whether Catholic preschools in Colorado can receive public funding despite refusing to admit children of same-sex couples, and it may set a precedent for future cases involving religious exemptions from government programs. The decision could also influence how other states approach the balance between religious freedom and nondiscrimination laws in education and other areas.